Milhouse v. Hilton Garden Inn employees

Background

Muhammad E. Milhouse, who was proceeding without a lawyer, filed two actions alleging that he was assaulted at the Hilton Garden Inn at 6 Water Street in Manhattan by employees of the New York City Department of Homeless Services and hotel employees. The two cases were consolidated, and the court directed Milhouse to file an amended complaint.

Milhouse’s Amended Complaint alleged that the Hilton Garden Inn was a City COVID-19 isolation site and named the City of New York, two City agencies, and several defendants identified by job descriptions or as John or Jane Doe defendants. He alleged that, during a City-mandated quarantine from January 20, 2021, through February 7, 2021, he suffered physical and sexual assaults and was drugged with illicit substances.

Judge John Cronan’s earlier Order of Service dismissed claims against the City agencies, “Administrative Support,” and “Cleaning and Sanitizing Housekeeping Staff.” That order directed service on the City and directed the New York City Law Department to help identify the John or Jane Doe defendant described as the “Site Supervisor” at the isolation site. It allowed Milhouse to file another amended complaint within 30 days after receiving that identifying information.

Rulings

The court struck Milhouse’s Second Amended Complaint. Federal Rule of Civil Procedure 15 allows one amendment without the court’s permission within specified periods, but additional amendments generally require permission. More than 21 days had passed since Milhouse filed his Amended Complaint, and his Second Amended Complaint did not comply with the earlier Order of Service. He also filed it before the 60-day period for the City to identify the supervisor had elapsed.

The court directed the Clerk of Court to prepare the paperwork needed for the U.S. Marshals Service to attempt service of the Amended Complaint on the City of New York. The order states that Milhouse had been allowed to proceed without paying filing fees and could rely on the court and the Marshals Service to carry out service. The order identified the New York City Law Department, 100 Church Street, New York, New York 10007, as the City’s service address and reminded Milhouse that service must be completed within 90 days after the summons is issued unless an extension is requested.

The court also ordered the Law Department, as the City’s attorney and agent, to identify the “Site Supervisor” and provide that person’s service address to Milhouse and the court within 60 days. Within 30 days after receiving that information, and not before receiving it, Milhouse must file a third amended complaint naming that defendant. The court stated that the third amended complaint would replace, rather than supplement, the earlier complaints and would later be screened by the court.

Effect of the Order

This was a procedural order about the proper complaint, service on the City, and identification of an unnamed defendant. It did not decide the merits of Milhouse’s allegations or determine whether any defendant was liable.